More than 10,000 people attended the gathering. They then marched to the RAGM office when the company’s representative failed to show up to accept a memorandum from the organiser.
15 Restrictions and conditions [PEACEFUL ASSEMBLY ACT 2012]
(1) The Officer in charge of the police District may impose restrictions and conditions on an assembly for the purpose of security or public order, including the protection of the rights and freedoms of other persons.
(2) The restrictions and conditions imposed under this section may relate to-
(a) the date, time and duration of assembly;(3) Any person who fails to comply with any restrictions and conditions under this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
(b) the place of assembly;
(c) the manner of the assembly;
(d) the conduct of participants during the assembly;
(e) the payment of clean-up costs arising out of the holding of the assembly;
(f) any inherent environmental factor, cultural or religious sensitivity and historical significance of the place of assembly;
(g) the concerns and objections of persons who have interests; or
(h) any other matters the Officer in charge of the police District deems necessary or expedient in relation to the assembly.
I am of the opinion that no one should be charged for such as offence.... more so since that condition imposed was a condition that, I believe, is contrary to the CRC....
Article 131. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:(a) For respect of the rights or reputations of others; or(b) For the protection of national security or of public order (ordre public), or of public health or morals.Article 151. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.Article 241. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:(a) To diminish infant and child mortality;(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;(d) To ensure appropriate pre-natal and post-natal health care for mothers;(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;(f) To develop preventive health care, guidance for parents and family planning education and services.3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.
Committee president Wong Kin Hoong (left) and vice-president Tengku Shahadan Tengku Jaafar have received a summons to be present in a Raub court next Monday.
"We will be charged under Section 15 of the Act, with allowing the participants below 15 to enter (the venue)," Wong said when contacted today.
He said they have been questioned at least five times to date by the police.
Wong said the committee had signed an agreement in which OCPD Wan Mohd Samsudin Wan Osman had set out conditions.
Among these was a ban on child participation and marching, as well as a requirement for the gathering to be conducted in an orderly manner, he said.
"I signed the agreement and Shahadan (right) signed as a witness and seconder," Wong said.
"We will not plead guilty .... the police were at the rally as well. They allowed the children to enter, but are now charging us. It's unfair.”
The Act makes it an offence for a child below 15 to participate in such rallies, while the district police head is empowered to impose conditions in relation to the venue, time, duration and manner of gatherings.
Under Section 15(3), anyone found guilty of failing to comply with the restrictions and conditions is liable to a maximum fine of RM10,000.
Wong further criticised police for this “focus on petty issues”, instead of tackling serious crime.
The rally was held on Sept 2 last year at Padang Kompleks Sukan in Bukit Koman, to protest the use of cynide in gold mining operations by Raub Australian Gold Mine (RAGM).
More than 10,000 people attended the gathering. They then marched to the RAGM office when the company’s representative failed to show up to accept a memorandum from the organiser. - Malaysiakini, 12/8/2013, 'Himpunan Hijau Raub' organisers to face charges